Traditional
knowledge systems have by and large been relegated to the realm of myths and
folklore. However, with the advancement of science and commercial successes
chalked up by the pharmaceutical, nutraceutical and cosmetic behemoths, there
has been a resurgence of scientific interest in the traditional knowledge
systems. India
with its vast and ancient pool of traditional knowledge is an easy target for
accessing valuable TK and genetic resources. Unregulated access to these may
lead to endangering of genetic resources as well as traditional forms of livelihood
practiced by traditional communities thus impacting the ecosystem and the
socio-economic-cultural fabric of India. This technical note explores
immediate need faced by India
to enact a sui generis legislation
that will ensure that there is a regulated access to traditional knowledge with
the prior informed consent of the traditional communities in such a manner that
is not only fair and equitable but also in consonance with the traditional
values of the traditional communities. It also examines salient features of the
proposed sui generis model for the
protection of traditional knowledge and traditional cultural expressions
tentatively titled ‘The Traditional Knowledge (Protection and Regulation to
Access) Bill 2009’.